Madras High CourtCRL OP(MD)/22038/2015ordered

Kumar v. The Inspector Of Police

2015-11-23Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2015

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Crl.O.P(MD)No.22038 of 2015 Kumar : Petitioner/Accused No.4 Vs.

The State rep. by The Inspector of Police, Manikandam Police Station, Trichy District.

(CrimeNo.240 of 2015) : Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the learned 1st Additional District Judge cum PCR Court, Trichy to accept the surrender of the petitioner and consider the bail application on the date of surrender in connection with Crime No.240 of 2015 on the file of the respondent police on the very same day.

For Petitioner : Mr.B.Jameel Arasu For Respondent : Mr.A.P.Balasubramani Government Advocate (Crl.Side)

ORDER

The petitioner, who apprehends arrest for the offences punishable under Sections 294(b), 324 and 506(i) IPC., r/w Section 3(1)(X) of SC/ST Prevention of Atrocities Act, 1989 in Crime No.240 of 2015, on the file of the respondent police, moved this petition seeking a direction to the learned 1st Additional District Judge cum PCR Court, Trichy to accept the surrender of the petitioner and consider the bail application on the same day on merits.

2. I have heard the learned counsel appearing on either side and perused the records.

3. The learned Government Advocate (Criminal side) strongly opposed the relief sought for by the petitioner.

4. The offences complained of, other than the offence under the Special enactment, may not be serious in nature warranting initial detention in jail, even before considering the bail application.

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5. Therefore, the learned 1st Additional District Judge cum PCR Court, Trichy is directed to accept the surrender of the petitioner and consider the bail application on the very same day, purely on merits and in accordance with law.

6. Accordingly, this Criminal Original Petition is ordered. Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai.

CM To 1.The 1st Additional District Judge cum PCR Court, Trichy 2.The Inspector of Police, Manikandam Police Station, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.B.Jameel Arasu, Advocate SR No.67151 Order made in Crl.O.P(MD)No.22038 of 2015 Dated:-23.11.2015 rg.AN/SAR-I 27/11/2015 2P/5C https://hcservices.ecourts.gov.in/hcservices/